ptsd Confused And Could Use Some Tips And Advice

[LongTooth]

Hi,

I have recently started the claims process with the VA (I filed an informal claim on 04-Sept-2013

I see a private therapist and have a current diagnosis of PTSD, Bipolar II, poly substance abuse.

My therapist agrees with me that my disorders are SC

I've taken the initiative already to get copies of my DD214 as well as my private medical records. Currently I'm trying to track down my records from when I was placed on a 72 hr hold in a psych ward in 2000.

My prescribing Psychologist, who puts in time at the practice I go to, is also a VA doc.

I guess my question is this. If my therapist tells me that they have diagnosed me with the above disorders does that mean that my Psychologist (the VA doc) had to have signed off on the diagnosis and if so does this mean that I should have an easier time with the VA?

I'm also concerned that I may have to track down treatment records from the Army (I assume those would be in my DD214?) Where would I look for any SMR's that I may need? I also wonder if maybe I should try and track down any relevant records from my old Unit to show things such as an Article 15 and any evaluations done that would show the onset of my conditions.

Also if anybody could advise me of what else I should be doing at this early stage to present an effective claim please feel free to advise me.

Thank you in advance for any and all help

Jason

[JT24usn]

Quote from earlier by you:

"So I got my DD Form 214 I'm confused because it mentions nothing about personality disorder. It says I have an OTH discharge. The separating authority is 635-200 chapter 10 (I think. Looks like somebody had a toner explosion all over this form so it's very hard to make out) My separation code is KFS and my reentry code is 3

Not sure what all this means as I don't really understand "legalese" type stuff so I'm not sure where this leaves me. Can somebody offer some insight into the best way to proceed forward?"

Did they straighten out your character of discharge already?

Edited February 27, 2014 by JT24usn

[LongTooth]

no they didn't

Ive been to the VA hospital and the VARO and today I went to meet with a vso readjustment councilor who turns out wasn't scheduled to be in the office today so I got to talk to a glorified secretary and did some kind of limited intake. Why is this process full of smoke machines trying to blow it up your ass?

[LongTooth]

So I have an update,

 

I fired the DAV awhile back because honestly they where completely incompetent, Thank god I caught it early. I have retained a free attorney that I feel is much more competent to handle my case.

After filing my initial claim and being denied due to excessive AWOL status, 549 days according to the VA, I had a DRO hearing on Sept 7th 2016. Both my therapist and my attorney where present as well as my girlfriend. My therapist testified that I was insane at the time of my AWOL status and my Attorney informed the rater that my actual amount of days AWOL was 62 days. Apparently somebody screwed up when I was outprocessed.

My girlfriend testified what it was like to live with me and deal with my PTSD on a daily basis, how we can't even sleep in the same room because of my nightmares and I lash out in my sleep, how it is to have to cancel plans at the last minute because I can't get up the nerve to go out and face a crowd of people, and other things of a PTSD nature.

So I guess at this point I'm cautiously optomistic that a C&P exam is somewhere in my near future

The one thing I've learned is that it is critically important is to surround yourself with professionals who believe in you and in your cause and will go to the mat for you. I can't even begin to describe just how much my therapist has helped me and my case these past two years. There have been plenty of times I just wanted to quit in disgust but he kept me going. And I suspect maybe I might just be seeing that tiny sliver of light that marks the end of the tunnel.

 

 

[Gastone]

You've "Retained a Free Lawyer?"  

Had you attempted to have a "For Fee" Legal Firm Rep you in the past? Would be very interesting to know if they Passed on what could be a substantial Retro 20% Pay Day.

The only thing you can be absolutely  sure about, for what it's worth, as soon as you sign with an Attorney, your Vet/VA relationship is no longer Non-Adversarial. Sounds like your's has been fairly adversarial for quite a while, so that really doesn't matter.

I'd really be interested in knowing how you decided the When & Why of the signing with a Pro Bono Vs For Fee Lawyer. How you came to your decision, could be very helpful to Vets in your similar situation.

Semper Fi

[LongTooth]

Honestly Gastone from what I've been reading these past few years while I wait in the vacuum of zero information, as soon as you file a claim the VA is no longer "non-adversarial" 

I decided to go with my attorney for a few reasons, the first being how comfortable I feel with her. She is also an experienced trial lawyer who is making a foray into helping vets.

I had gone with a paid attorney for my SSDI case, which I won within 6 months, she had done absolutely nothing and received 700 bucks for it. Ironically I had almost decided to go with a huge national SSDI firm which would have probably ended up as about as incompetent as the DAV.

I'm not sure but I may have read somewhere that depending on how long a VA case drags on even a free attorney can charge 20%.

I wish I could say I believe in the old adage "you get what you pay for" but in this case I don't think it's true. I paid one lawyer 700 bucks to do absolutely nothing for me and then I have a free attorney that's like a human pit bull. Honestly if this case goes on long enough for her to start charging me I'll consider her worth every penny.

As for the when, well... I think that's something that is definitely a personal decision. The when for me was when DAV picked up the phone, talked right over me,  and then changed my address back to an old one from 5 years in my past, sorry that's just a no-go at this station.

I feel I'm better served by an attorney who knows me, is familiar with my case and able to get back into the intricate details with a quick read when action is warranted. As opposed to an assembly line "firm" that just wants to know if you want fries with that and doesn't really want to speak with you anyways let alone go locate your file.

Hope this helps others when deciding to go the impersonal service or personal service route.

Also when choosing an attorney MAKE SURE they are certified to deal with the appeal boards.

[Buck52]

LongTooth makes a good point.

However   just b/c we hire a good experience attorney  is no guarantee a veteran will win his/her claim/ obviously the odds are better that's true.

But if the veteran don't have the evidence he needs to win his claims  the VA don't care what kind of attorney we have  it all boils down to the evidence and how its presented.

If I was needing an experience Accredited VA Claims Attorney,  from just my perspective and opinion of what I read about hiring an VA Attorney & what I know about the experience of an attorney & his results and past experience with VA Law

I believe I would call up Hadit elder member Asknod.

HE IS NOW ACCREDITED/CERTIFIED  WITH THE VA. And of course has helped thousands of veterans to the 100% and TDIU P&T Status....>  before becoming Certified & Accredited with the VA

JMO

.............Buck